State v. Guilbert

State v. Guilbert, 1998 ND 43, 576 N.W.2d 524

[Go to Documents]Filed Mar. 5, 1998[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA1998 ND 43State of North Dakota, Plaintiff and Appellant
v.
Rick Guy Guilbert, Defendant and Appellee

Criminal No. 970280

Appeal from the District Court for Cass County, East Central Judicial District, the Honorable Lawrence A. Leclerc, Judge.
REVERSED.
Per Curiam.
Christopher C. Myers (argued), Assistant State's Attorney, Courthouse, P.O. Box 2806, Fargo, ND 58108-2806, for plaintiff and appellant.
George E. Duis (argued), 510-4th Avenue North, P.O. Box 1027, Fargo, ND 58107, for defendant and appellee.

State v. GuilbertCriminal No. 970280

Per Curiam.

[¶1] The State appealed an order suppressing evidence against Rick Guilbert and dismissing the drug charges against him. The evidence had been found when the police searched the interior of Guilbert's auto during a valid stop and arrest of Guilbert on a warrant for an NSF check. We summarily reverse under NDRAppP 35.1(b). These decisions are dispositive: State v. Olson, 1998 ND 41, ¶13 (officer may search the interior of auto during valid stop and arrest of driver); State v. Hensel, 417 N.W.2d 849, 852-53 (N.D. 1988)(valid warrantless search of interior of auto and containers within when driver arrested, handcuffed, and held in patrol car); New York v. Belton, 453 U.S. 454, 460 (1981) (establishing "workable rule . . . when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile . . . [and] any containers found within . . . .")(footnotes omitted).

[¶2]Gerald W. VandeWalle, C.J.
Herbert L. Meschke
Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring